84R11782 BEF-D

By: González H.B. No. 2582

A BILL TO BE ENTITLED

AN ACT

relating to the transfer of certain powers and duties related to endangered species from the comptroller to the commissioner of agriculture.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter Q, Chapter 403, Government Code, is transferred to Title 2, Agriculture Code, redesignated as Chapter 28, Agriculture Code, and amended to read as follows:

CHAPTER 28 [SUBCHAPTER Q]. SUPPORT FOR HABITAT PROTECTION MEASURES

Sec. 28.001 [403.451]. DEFINITIONS. In this chapter [subchapter]:

(1) "Candidate conservation plan" means a plan to implement such actions as necessary for the conservation of one or more candidate species or species likely to become a candidate species in the near future.

(2) "Candidate species" means a species identified by the United States Department of the Interior as appropriate for listing as threatened or endangered.

(3) "Endangered species," "federal permit," "habitat conservation plan," and "mitigation fee" have the meanings assigned by Section 83.011, Parks and Wildlife Code.

Sec. 28.002 [403.452]. [COMPTROLLER] POWERS AND DUTIES OF COMMISSIONER. (a) To promote compliance with federal law protecting endangered species and candidate species in a manner consistent with this state's economic development and fiscal stability, the commissioner [comptroller] may:

(1) develop or coordinate the development of a habitat conservation plan or candidate conservation plan;

(2) apply for and hold a federal permit issued in connection with a habitat conservation plan or candidate conservation plan developed by the commissioner [comptroller] or the development of which is coordinated by the commissioner [comptroller];

(3) enter into an agreement for the implementation of a candidate conservation plan with the United States Department of the Interior or assist another entity in entering into such an agreement;

(4) establish the habitat protection fund, to be held by the comptroller outside the treasury and administered by the commissioner, to be used to support the development or coordination of the development of a habitat conservation plan or a candidate conservation plan, or to pay the costs of monitoring or administering the implementation of such a plan;

(5) impose or provide for the imposition of a mitigation fee in connection with a habitat conservation plan or such fees as are necessary or advisable for a candidate conservation plan developed by the commissioner [comptroller] or the development of which is coordinated by the commissioner [comptroller]; and

(6) implement, monitor, or support the implementation of a habitat conservation plan or candidate conservation plan developed by the commissioner [comptroller] or the development of which is coordinated by the commissioner [comptroller].

(b) The commissioner [comptroller] may solicit and accept appropriations, fees under this chapter [subchapter], gifts, or grants from any public or private source, including the federal government, this state, a public agency, or a political subdivision of this state, for deposit to the credit of the fund established under this section.

(c) The legislature finds that expenditures described by Subsection (a)(4) serve public purposes, including economic development in this state.

(d) The commissioner [comptroller] may establish a nonprofit corporation or contract with a third party to perform one or more of the commissioner's [comptroller's] functions under this section.

Sec. 28.003 [403.453]. STATE AGENCY POWERS AND DUTIES. (a) Upon consideration of the factors identified in Subsection (b), the commissioner [comptroller] may designate one of the following agencies to undertake the functions identified in Section 28.002(a) [403.452(a)(1), (2), (3), (5), or (6)]:

(1) the comptroller's office [Department of Agriculture];

(2) the Parks and Wildlife Department;

(3) the Texas Department of Transportation;

(4) the State Soil and Water Conservation Board; or

(5) any agency receiving funds through Article VI (Natural Resources) of the General Appropriations Act for the 2016-2017 state fiscal biennium [2012-2013 appropriations bill].

(b) In designating an agency pursuant to Subsection (a), the commissioner [comptroller] shall consider the following factors:

(1) the economic sectors impacted by the species of interest that will be included in the habitat conservation plan or candidate conservation plan;

(2) the identified threats to the species of interest; and

(3) the location of the species of interest.

(c) The commissioner [comptroller] may enter into a memorandum of understanding or an interagency contract with any of the agencies listed in this section to implement this chapter [subchapter] and to provide for the use of the habitat protection fund.

Sec. 28.004 [403.454]. CONFIDENTIAL INFORMATION. Information collected under this chapter [subchapter] by an agency, or an entity acting on the agency's behalf, from a private landowner or other participant or potential participant in a habitat conservation plan, proposed habitat conservation plan, candidate conservation plan, or proposed candidate conservation plan is not subject to Chapter 552, Government Code, and may not be disclosed to any person, including a state or federal agency, if the information relates to the specific location, species identification, or quantity of any animal or plant life for which a plan is under consideration or development or has been established under this chapter [subchapter]. The agency may disclose information described by this section only to the person who provided the information unless the person consents in writing to full or specified partial disclosure of the information.

Sec. 28.005 [403.455]. RULES. The commissioner [comptroller] or agencies identified in Section 28.003 [403.453] may adopt rules as necessary for the administration of this chapter [subchapter].

SECTION 2. Section 490E.002, Government Code, is amended to read as follows:

Sec. 490E.002. DEFINITIONS. In this chapter:

(1) "Commissioner" means the commissioner of agriculture.

(2) "Endangered species" has the meaning assigned by Section 68.002, Parks and Wildlife Code.

(3) [(2)] "Task force" means the interagency task force on economic growth and endangered species created under this chapter.

SECTION 3. Sections 490E.003(a) and (b), Government Code, are amended to read as follows:

(a) The task force on economic growth and endangered species is created and is composed of:

(1) the comptroller;

(2) the commissioner [of agriculture];

(3) the executive director of the Parks and Wildlife Department;

(4) the executive director of the Texas Department of Transportation; and

(5) the executive director of the State Soil and Water Conservation Board.

(b) The commissioner [comptroller] is the presiding officer of the task force.

SECTION 4. Sections 490E.005(a) and (c), Government Code, are amended to read as follows:

(a) With the advice of the task force, the commissioner [comptroller] may create advisory committees to assist the task force with its work. Of the members of an advisory committee:

(1) one-third must be representatives of affected landowners;

(2) one-third must be representatives of conservation interests; and

(3) one-third must be representatives of municipalities or other affected jurisdictions.

(c) The commissioner [comptroller] shall designate one member of an advisory committee as interim presiding officer for the purpose of calling and conducting the initial meeting of the committee.

SECTION 5. Section 490E.008, Government Code, is amended to read as follows:

Sec. 490E.008. ADMINISTRATIVE SUPPORT. The Department of Agriculture [comptroller's office] shall provide administrative support to the task force.

SECTION 6. (a) On the effective date of this Act, the following are transferred from the comptroller to the commissioner of agriculture:

(1) the powers, duties, functions, programs, and activities of the comptroller under Subchapter Q, Chapter 403, Government Code, as that subchapter existed immediately before the effective date of this Act;

(2) a habitat conservation plan or candidate conservation plan developed by the comptroller or the development of which was coordinated by the comptroller under Subchapter Q, Chapter 403, Government Code, as that subchapter existed immediately before the effective date of this Act;

(3) any agreement with the United States Department of the Interior entered into under Subchapter Q, Chapter 403, Government Code, as that subchapter existed immediately before the effective date of this Act;

(4) any nonprofit corporation established by the comptroller under Subchapter Q, Chapter 403, Government Code, as that subchapter existed immediately before the effective date of this Act;

(5) any memoranda of understanding or interagency contracts entered into by the comptroller under Subchapter Q, Chapter 403, Government Code, as that subchapter existed immediately before the effective date of this Act;

(6) any obligations or contracts of the comptroller that are directly related to implementing a power, duty, function, program, or activity transferred under this section; and

(7) all property and records in the custody of the comptroller that are related to a power, duty, function, program, or activity transferred under this section and all funds appropriated by the legislature for that power, duty, function, program, or activity.

(b) Information that was confidential under Section 403.454, Government Code, as that section existed immediately before the effective date of this Act, remains confidential under Section 28.004, Agriculture Code, as transferred, redesignated, and amended by this Act.

(c) The rules, policies, procedures, and decisions of the comptroller under Subchapter Q, Chapter 403, Government Code, as that subchapter existed immediately before the effective date of this Act, are continued in effect as rules, policies, procedures, and decisions of the commissioner of agriculture until superseded by a rule or other appropriate action of the commissioner under Chapter 28, Agriculture Code, as transferred, redesignated, and amended by this Act.

SECTION 7. (a) On the effective date of this Act, the following are transferred from the comptroller to the commissioner of agriculture:

(1) the powers, duties, functions, programs, and activities of the comptroller under Chapter 490E, Government Code;

(2) any obligations and contracts of the comptroller that are directly related to implementing a power, duty, function, program, or activity transferred under this Act; and

(3) all property and records in the custody of the comptroller that are related to a power, duty, function, program, or activity transferred under this Act and all funds appropriated by the legislature for that power, duty, function, program, or activity.

(b) Any rules, policies, procedures, and decisions of the comptroller under Chapter 490E, Government Code, are continued in effect as rules, policies, procedures, and decisions of the commissioner of agriculture until superseded by a rule or other appropriate action of the commissioner.

SECTION 8. This Act takes effect September 1, 2015.